Guidelines for Prevention and Regulation of Dark Patterns, 2023

Central Consumer Protection Authority has issued the Guidelines for Prevention and Regulation of Dark Patterns, 2023. These guidelines shall apply to –

1. All platforms, systematically offering goods or services in India;
2. Advertisers;
3. Sellers.

The guidelines provides that no person, including any platform, shall engage in any dark pattern practice. “Dark patterns” shall mean any practices or deceptive design pattern using user interface or user experience interactions on any platform that is designed to mislead or trick users to do something they originally did not intend or want to do, by subverting or impairing the consumer autonomy, decision making or choice, amounting to misleading advertisement or unfair trade practice or violation of consumer rights. The guidelines have also listed the recognized dark pattern practices.

Where a dark pattern practice is regulated under any other law for the time being in force or the rules or regulations made thereunder, the provisions contained in these guidelines shall be in addition to and not in derogation of such other laws.